The Supreme Court has expressed shock over trial courts' refusal to grant bail in cases deemed "not very serious," emphasizing that a democratic country should not operate like a police state where law enforcement agencies have the arbitrary power to detain individuals without valid justification.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan made these remarks on Monday, voicing their concern over trial courts rejecting bail applications in cases that are not serious, even after investigations have been completed.
The bench pointed out that, two decades ago, bail pleas in minor cases rarely reached the high courts, let alone the Supreme Court. In this particular case, the apex court remarked that it was surprising for the Supreme Court to be handling bail pleas in matters that should have been resolved at the trial court level, stressing that this unnecessary burden on the system could be avoided.
The bench decided to grant bail to an accused who had been in custody for over two years in a cheating case. The appellant had moved the apex court after failing to get a bail by the Gujarat High Court and the trial court. The appellant pointed out that the investigation was completed and a chargesheet filed.
The apex court said it is unfortunate that bail matters in cases triable by magistrates are being brought before the Supreme Court. 바카라We are sorry to say that people are not getting bail when they should,바카라 said Justice Oka.
The apex court repeatedly urged trial courts and high courts to adopt a more liberal stance in granting bail, particularly in cases involving minor infractions.
